[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Application for development within the Town, including improvements associated with such developments, shall be subject to the Town's current Design Criteria and Specifications, including in accordance with the "Design Criteria and Specifications" document, which is kept on file with the Town Clerk. Provisions of such Design Criteria and Specifications may be waived/varied by the Planning Board pursuant to §
151-43. Any inconsistencies between the Design Criteria and Specifications document on file and this article shall be resolved in favor of this Code.
[Amended 3-6-1997 by L.L. No. 2-1997; 5-20-1999 by L.L. No.
2-1999; 3-20-2003 by L.L. No. 1-2003; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Streets shall be designed and constructed as required in the
current Town Design Criteria and Specifications.
Permanent easements and rights-of-way shall
be provided for all facilities to be dedicated to the Town. Easements
for storm drains, water mains and sanitary sewers shall have a width
of not less than 20 feet. Greater widths may be required depending
upon the pipe diameter, depth and surface slope.
Special Town districts or district extensions
shall be created whenever practical to provide water, sewer, drainage,
lighting or other facilities and services to the proposed development.
The landowners shall petition the Town Board for creation of such
special district or districts. Maps and legal descriptions shall be
prepared by the developer and submitted to the engineer for the Town
and counsel for the Town for appropriate action, if approved by the
Town Board.
[Amended 5-20-1999 by L.L. No. 2-1999]
Where public water is not available, water supply
may be approved from private wells, provided that the subdivider submits
to the Town results of an approved water quality sample from the Monroe
County Environmental Health Lab or certified testing laboratory tested
to New York State Health Department standards prior to issuance of
a building permit. The development plan shall contain a note stating
that the Town is not responsible for quantity or quality of any well
supply.
Public and private sewage disposal facilities
shall be designed in accordance with the minimum requirements of the
New York State Department of Health or the New York State Department
of Environmental Conservation and the Walworth Construction Specifications. State approval, including State Pollutant Discharge Elimination
System (SPDES) permits, shall be obtained where applicable.
Electric, telephone and similar utilities shall
be installed underground for all.
The Planning Board shall, wherever possible,
establish the preservation of all natural features which add value
to developments and to the community, such as large trees or groves,
watercourses, historic spots, vistas and similar irreplaceable assets.
No trees with a diameter of 12 inches or more shall be removed unless
such tree is within the right-of-way of a street or located within
the area a building or structure is to be erected as shown on the
final plat or site plan as approved by the Planning Board. In all
other cases, however, no tree with a diameter of 12 inches or more
shall be removed without specific prior approval by the Planning Board.
Reserve strips of land along dedicated streets,
which might be used for control of access from the proposed development
to any neighboring properties or to any land within the development
itself, shall be prohibited.
[Amended 5-20-1999 by L.L. No. 2-1999]
A. Application. Application may be made to the Planning Board, in writing, by the owner or developer for a variance or waiver of any specific design standard. The application for a variance or waiver shall clearly set forth a reason why compliance with the design standard would be inappropriate or create an extraordinary or unnecessary hardship that would result from strict compliance with the Design Standards. Such variances or waivers shall not be in conflict with Chapter
180, Zoning.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B. Required findings. Where the Planning Board finds
that, due to special circumstances of a particular development, strict
compliance with the Design Standards is not requisite in the interest
of public health, safety and general welfare or is inappropriate because
of inadequacy or lack of connecting facilities adjacent or in reasonable
proximity to the proposed development, or for any other reason why
such compliance would be inappropriate, it may vary or waive such
design requirement.